The main legal point established in the judgment is that reservation in a single post cadre is not permissible, and the delay in challenging a promotion may be condoned if satisfactorily explained.

S.K. Gangele, J.

1. The petitioner has challenged the promotion of the respondent No. 5 to the post of Assistant Grade-III.

2. The petitioner was appointed on the post of Lower Division Clerk vide order dated 30-4-1983 in Nagar Panchayat, Daboh, District Bhind. In the year 1992, the petitioner was transferred to Nagar Panchayat Bhander. Thereafter he was again transferred from Bhander to Aantri, District Gwalior in 1997.

3. The respondent No. 5 was appointed on the post of Lower Division Clerk in Nagar Panchayat Daboh, District Bhind on 8-2-1988. The Nagar Panchayat issued gradation list of Lower Division Clerks. In the aforesaid list the respondent No. 5 was placed at Serial No. 2. His date of appointment has been mentioned as 8-2-1988. The name of the petitioner was not mentioned in the aforesaid gradation list.

4. The post of Upper Division Clerk (Assistant Grade-II) had fallen vacant and the respondent No. 4 requested the Deputy Director Urban Administration to grant sanction for promotion to the post of Assistant Grade-II from the Assistant Grade-III. Consequently, the District Selection Committee in its meeting held on 13-11-1995 found the respondent No. 5 suitable for promotion and recommended his name for promotion to the post of Assistant Grade-II. The Deputy Director Urban Administration vide letter dated 15-11-1995 approved the promotion of the respondent No. 5 to the post of Upper Division Clerk and thereafter the respondent No. 5 was promoted to the post of Upper Division Clerk (Assistant Grade-II) vide an order dated 1-1-1996. When the petitioner came to know about the promotion of the respondent No. 5, he submitted an application to the Chief Municipal Officer, Nagar Panchayat requesting to supply copy of the promotion order of the respondent No. 5 on 11-8-2006 and thereafter he submitted a representation in regard to promotion of respondent No. 5 to the post of Upper Division Clerk. Thereafter he filed the present petition.

5. The respondent No. 5 in its return raised a preliminary objection about the maintainability of the petitioner that the petition is not maintainable because there is a delay of 10 years in challenging the order of promotion. It has further been submitted by the respondent No. 5 that he has been promoted against the reserved quota of Scheduled Caste, hence, the petitioner has no right to challenge the order of promotion of the respondent.

6. The respondents No. 1 to 3 in the return pleaded that the respondent No. 5 was promoted against the quota reserved for Scheduled Caste candidate, hence, the petitioner has no right to challenge the order of promotion. It has further been contended that there is a delay and latches in challenging the order of promotion by the petitioner.

7. The Nagar Panchayat has also taken the same stand in its return.

8. Learned Counsel for the petitioner has submitted that the petitioner is an employee of the Municipal Council, Nagar Panchayat Daboh because his lien has been maintained at Nagar Panchayat Daboh. The respondent No. 5 is junior to the petitioner, hence, his promotion to the post of Upper Division Clerk is illegal. It has further been contended by the learned Counsel that there cannot be any reservation to a single post. In support of his contentions, learned Counsel relied on the following judgment:

(i). Dr. Chakradhar Paswan v. State of Bihar and Others 1988 2 SCC 214 and

(ii). Munna Lal Karosiya v. State of M.P. and Others. 2010 1 M.P.H.T. 360

9. Contrary to this, learned Counsel appearing on behalf of the State, Municipal Council and respondent No. 5 have contended that the respondent No. 5 has been promoted to the post which is reserved for Scheduled Caste candidate, hence, the petitioner has no right to challenge the order of promotion and there are delay and latches in challenging the promotion order.

10. The petitioner was appointed on the post of Lower Division Clerk vide order dated 30-4-1983 issued by the Nagar Panchayat Daboh, District Bhind. The re